Waseem Ahmad vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 3114 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 814 of 2023
 

 
Petitioner :- Waseem Ahmad
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Jyoti Prakash,Brajesh Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioner and learned A.G.A. for opposite party no. 1 to 3.

The punishment for the offences mentioned in the impugned F.I.R. is less than seven years.

Issuance of notice to the opposite party no. 4 is dispensed with.

This petition seeks issuance of a direction in the nature of certiorari for quashing the impugned F.I.R. dated 03.07.2021 registered as Case Crime/F.I.R. No.681 of 2021 under Section 135, Bhartiya Vidhyut Adhiniyam-2003, P.S. Anti Power Theft Unnav, District- Unnav.

Learned Additional Government Advocate looking to the gravity of punishment being less than seven years has stated that the provisions of Section 41-A Cr.P.C. shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar Vs. State of Bihar and another.

The present petition deserves to be disposed of in terms of the statement made by learned A.G.A.

Accordingly, this petition is disposed of in view of the provisions of Section 41-A Cr.P.C. and the law as laid down by Apex court in the case of Arnesh Kumar(Supra).

Order Date :- 30.1.2023

Manoj K.